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HomeMy WebLinkAboutCity of Tamarac Board Order BO-2018-03Z L_ 1 Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88thAvenue Tamarac, Florida 33321-2401 Above This i emporary boara uraer No. 21 IN8TR 0115006365 Rscordsd 04111/18 at 03:42 PM Broward County Commission 4 Pape(s) N2 Space Above This Line for Recording BOARD ORDER BEFORE THE CITY COMMISSION CITY OF TAMARAC, FLORIDA BO-2018- 63 TBO-21 HEARING DATE: March 14, 2018 CASE NO. 7-Z-17 IN RE: The Application of: i9 Bar and Grill Nightclub 5305 N. State Road 7, Tamarac, Florida Property Folio Identification Numbers: 494113170010 Property Legal Description: COMMERCIAL PLAZA 82-50 B PARCEL A ORDER APPROVING SPECIAL EXCEPTION The applicant, Daniel Aaronson, Esquire, the designated agent for the property owner, Commercial Plaza TML, LLC (the "Applicant"), filed an application with the City of Tamarac ("City") Department of Community Development for the following Special Exception Use: Special Exception Approval to allow for the use of a sports bar restaurant and associated nightclub in a B-2 (Planned Community) Zoning District pursuant to the Permitted Uses Master List, Section 24- 434, Tamarac Code of Ordinances. Notice of the request for the Special Exception Use was given as required by law. The City Commission ("the Commission") finds that the property is located in a B-2 (Planned Community) Zoning District. Pursuant to Sections 2-370, 24-434 and 24-548 of the City of Tamarac Code of Ordinances, and following the consideration of all testimony and evidence presented at the hearing on March 14, 2018, and the recommendation of the Planning Board the City Commission further finds: Special Exception Board Order — Case No. 7-Z-17 Page 1 of 4 (1) The proposed use is compatible with the existing natural environment and community character of the properties within the immediate neighborhood. (2) The proposed use is deemed desirable for public convenience, and not injurious or otherwise detrimental to the public health, safety, comfort and welfare. (3) The design of the proposed use shall minimize adverse effects, including noise, light, dust or other potential nuisances, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria consistent with the city regulations to the greatest extent possible. Entire site shall be void of any pre-existing code violations. (4) There are adequate parking areas and off-street truck loading spaces (if applicable) consistent with the parking requirements of the Code, and the layout of the parking and vehicular use areas is convenient and conducive to safe operation consistent with the city standards to the greatest extent possible. (5) That there will be adequate provisions for traffic movement, both vehicular and pedestrian internal to the use and adequate measures exist or shall be taken to provide ingress and egress to the proposed use, for both vehicles and pedestrian, in a manner that minimizes traffic congestion in the public streets, and the use may not result in a significantly greater amount of traffic on local streets than would result from a development permitted by right. (6) That the land area is sufficient, appropriate and adequate for the use and for any reasonably anticipated expansion thereof. Pursuant to the authority contained in Sections 2-370, 24-434 and 24-548 of the City of Tamarac Code of Ordinances, the Applicant's application for a Special Exception for the use of a sports bar and restaurant with associated nightclub, as requested, and as set forth above for the location at 5305 N State Road 7, Tamarac, Florida, is hereby, APPROVED, subject to the following conditions: 1. The special exception shall only remain valid during the period of which the certificate of occupancy and business license remains active. 2. The special exception is transferable administratively pursuant to compliance with City Codes, submitting documentation and payment of fees only after the previous condition has been met. 3. The hours of operation shall not exceed 2:00 AM 7 days a week. Special Exception Board Order — Case No. 7-Z-17 Page 2 of 4 4. A minimum of two (2) security guards or other staff designated for patron safety shall be provided during entertainment offerings and evening hours. Any armed or professionally certified security guard should be licensed and bonded by the State. 5. No Adult Entertainment shall be permitted at any time in a B-2 Zoning District (24-434); Commercial Plaza is Zoned B-2 in the Master List of Permitted Business Uses. 6. A Revocation of the Business License (12-98) shall be enforced if a violation of 24-434 or 12-77 of the City of Tamarac Code of Ordinances occurs. 7. All Window Signs must be in compliance with Sections 18-65 (h) and 12-78 (a)of the City Code of Ordinances; Windows cannot be "blacked -out". This document shall be recorded in the public records of Broward, County, Florida. SIGNATURE PAGE TO FOLLOW Special Exception Board Order — Case No. 7-Z-17 Page 3 of 4 DONE and ORDERED this Florida. 112 -b" 0 day of 2018, in Tamarac, MAYOR AND COMMISSION CITY OF TAMARAC, FLORIDA By- ...1 O. O. ATTEST: \\�. y OF TA44 (SHED Q PATRICIA TEUFE dMC 1953 CITY CLERK = ' - f• SEAL '<L; cOl j/jl!{11\\hilt \\'RECORD OF COMMISSION VOTE I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMUELS. GOREN, CITY ATTORNEY MAYOR DRESSLER DIST 1: COMM BOLTON DIST 2: V/M GOMEZ DIST 3: COMM FISHMAN DIST 4: COMM PLACKO Special Exception Board Order —Case No. 7-Z-17 Page 4 of 4 1 I